Terms and Conditions

Effective Date: July 25, 2025

These Terms & Conditions (the “Agreement”) govern all services provided by Cain’s Cool Air LLC (“we”, “us”, or “our”) to customers (“you” or “Customer”).

We agree to perform HVAC services including installation, repair, diagnostics, maintenance, and other related work as requested (“Services”), subject to the terms of this Agreement. Service outlines, frequency, and pricing are detailed in individual service agreements or quotes.
Common service details include inspection, cleaning, tune‑ups, coil and drain cleaning, filter replacement, safety checks, and diagnostic testing.

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• Service Fees: You agree to pay all charges for services rendered at the rates specified in the service order or quote.
  
• Timing: Payment is due as specified—typically upon completion or within defined invoice terms. We may assess late fees or suspend service if payment is delayed.
  
• Service or Diagnostic Fees: When applicable, such fees will be disclosed before dispatch; if you decline further repair work, diagnostic fees may apply.

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If you enroll in a maintenance plan or service agreement, the plan will specify scope, frequency (e.g. semi‑annual or annual), pricing, benefits (such as discounts on parts or priority scheduling), and renewal terms.
Plans are typically non‑binding and cancelable per the terms provided, but coverage benefits only apply while active.

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We provide labor warranties (length specified individually) and may facilitate manufacturer warranties for parts as applicable. All warranties require proper maintenance per manufacturer or installer guidelines.
Skipping recommended maintenance, especially by non‑authorized providers, may void labor warranties.

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• Limitation of Liability: We are not liable for indirect, incidental, or consequential damages arising from system failure or services provided.
  
• Damages Beyond Control: We disclaim liability for damages resulting from events outside our reasonable control (e.g., natural disasters, pre‑existing conditions, misuse of equipment).

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You shall provide safe and reasonable access to the site. You are responsible for changing filters as recommended and following pre-visit instructions (e.g., power access, clear access zones).
Failure to perform simple upkeep like filter replacements may impact system performance or warranty eligibility.

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To cancel or reschedule, notify us at least 24–48 hours in advance (or as specified). Late cancellations or “same‑day” changes may incur a fee as stated in your service plan or order.

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This Agreement is governed by applicable law in Texas (or state of service). You agree to attempt informal resolution first; if unresolved, claims may proceed via arbitration or in small claims court within the jurisdiction.

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• By Either Party: Either party may terminate this Agreement at any time with written notice.
  
• Effect of Termination: Services rendered prior to termination remain payable. Termination of a maintenance plan ends associated benefits immediately.

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Both parties agree to keep confidential all business-sensitive information and not to disclose third-party personal data, pricing details, or proprietary procedures without consent, except as required by law.

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This Agreement may only be amended via written agreement signed by both parties. Oral modifications are invalid and unenforceable.

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If any term of this Agreement is deemed invalid or unenforceable, the remaining provisions remain valid and enforceable. Parties shall negotiate to reasonably replace invalid terms with enforceable ones.

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 Verbal opt-in:

• [Cain’s Cool Air LLC] will be collecting opt-in verbally from their customers. The customers will be able to opt in to receive messages either in person at their physical location, or over a phone call if the customer calls. When a customer is registered for the first time, they are asked to provide the phone number, and staff is trained to ask If the customer would like to opt in to SMS-based billing notifications, appointment reminders, dispatch notifications and job completion surveys. They will be verbally informed that “Message and data rates may apply”, “Message frequency may vary”, and they can “text HELP for support or more information and STOP to unsubscribe at any time and no further messages will be sent.” They will also be informed that their information will not be shared with third parties. 

Website/Online opt-in: 

• By submitting this form and signing up for texts, you consent to receive text messages from [Cain’s Cool Air LLC] at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) and no further messages will be sent. Reply HELP for help. Information will not be shared with third parties. 

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This document, together with any attached service order or maintenance plan, constitutes the entire agreement between you and Cain’s Cool Air LLC regarding the services performed.